The Calcutta High Court, Jalpaiguri Bench rejected an application for anticipatory bail under Section 438 CrPC. The court observed the severity of injuries in the crime report and independent witness statements against the petitioner, declining to grant relief.
Application for anticipatory bail rejected; CRM 942 of 2021 disposed of.
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CIRCUIT BENCH OF CALCUTTA HIGH COURT 22.12.2021 AT JALPAIGURI
22.12.2021
Court No.01 Item No. 22
sg CRM 942 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Dinhata Police Station Case No. 115 of 2021 dated 14.03.2021 under Sections 448/323/326/34 of the Indian Penal Code.
And In Re: Anchhar Ali Petitioner Mr. Sudip Guha For the Petitioner Mr. Tapan Bhattacharjee Mr. Aniruddha Biswas For the State
The learned Counsel for the petitioner submits that the petitioner is innocent
and is in no way involved in the commission of alleged offence.
The learned Counsel for the State, however, opposes the prayer for anticipatory bail and draws our attention to the statement of the independent witnesses recorded under Section 161 of the Code of Criminal Procedure as well as the injury report.
Having considered the materials on record and the nature and involvement of the petitioner in the commission of alleged offence and also taking into consideration the injury report which suggests that the injury is severe in nature, we are not inclined to grant anticipatory bail to the petitioner.
The application for anticipatory bail of the petitioner is rejected. CRM 942 of 2021 is accordingly, disposed of.
All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Biswajit Basu, J.) (Soumen Sen, J.)
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner given the severity of injuries and witness statements.
Whether the petitioner deserves relief for a grievous hurt offence under specific IPC sections.
3 provisions across 2 enactments
Anchhar Ali
The State
Biswajit Basu
Soumen Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
